Professional Liability


FDA Issues Draft Guidance on Social Media Off-Label Use Questions
March 9, 2012 | Professional Liability | Appeals | Complex Torts & Product Liability
In its ongoing efforts to address the “rapid growth of the Internet, including social media tools and other emerging technologies,” and its use by medical professionals, consumers and drug and medical device manufacturers and distributors, the Food and Drug Administration (FDA) recently issued a draft guidance proposing ways that a drug or device company may …
Read More
Second Circuit Allows Broad School Oversight of Social Media
December 20, 2011 | Professional Liability | Appeals | Complex Torts & Product Liability
Courts across the country – including a number of federal circuit courts of appeals – continue to struggle with the ability of public school districts to discipline students for offensive online speech made off campus.[1] This past April, in Doninger v. Niehoff, the U.S. Court of Appeals for the Second Circuit weighed in on the …
Read More
“Telecommuting Employee” Insufficient For Jurisdiction
October 18, 2011 | Professional Liability | Appeals | Complex Torts & Product Liability
The Internet continues to lead to interesting issues of personal jurisdiction arising in cases in New York courts. For instance, the New York Court of Appeals has granted leave to appeal in a case in which the plaintiff is asserting claims for defamation and argues that the trial court should assert long-arm jurisdiction over the …
Read More
Website Operators Found Immune Over Comments
August 16, 2011 | Professional Liability | Appeals | Complex Torts & Product Liability
More than a decade ago, in Lunney v. Prodigy Servs. Co.,[1] the New York Court of Appeals declined, as premature, a request to decide whether to adopt a broad interpretation of immunity for Internet service providers (“ISPs”) under Section 230[2] of the federal Communications Decency Act (“CDA”).[3] In the intervening years, Internet use has exploded …
Read More
Federal Decision Supports Online Political Parody
June 21, 2011 | Professional Liability | Appeals | Complex Torts & Product Liability
Parody has long played an important role in intellectual property law, and in intellectual property litigation. It should be no surprise, therefore, that parody issues arise with respect to the Internet, and that over the years courts have issued a number of significant decisions involving claims of parody and the Web. Earlier this year, The …
Read More
Ruling Clarifies Situs of Injury For Online Infringement Claims
April 19, 2011 | Professional Liability | Appeals
The decision in Penguin Group (USA) Inc. v. American Buddha[1] is likely to significantly affect the publishing and entertainment industries in New York in their efforts to retain copyright control over online materials, from books to movies, music and other products. Moreover, the ruling may influence courts across the country dealing with litigation involving claims …
Read More
Courts Grapple With Discovery of Posts
February 15, 2011 | Appeals | Professional Liability
Social media allows users to post their photos and videos online and discuss their lives, health, and interests. Indeed, Facebook recognizes that “one of the primary reasons people use Facebook is to share content with others. Examples include when you update your status, upload or take a photo, upload or record a video, share a …
Read More
Terminating Employees For Unapproved Posts
December 21, 2010 | Appeals | Professional Liability
Once the bastion of college students and computer geeks, social media[1] are now established means of communication for mainstream society – be it commercial, political or personal speech. Businesses increasingly rely on social media to create “buzz” around their products and services, effectuate deals and sales and provide key customer-business interfaces, among other things. Obviously, …
Read More
A Primer for the New Practitioner on Defending the Design Professional
December 14, 2010 | Professional Liability | Appeals
This article is planned as the first in a series of short articles concerning practice tips in the handling of a construction defect case from initial assignment, through discovery and trial preparation.  The focus will mainly be for the newer practitioner (or one new to the field) and I will draw upon my almost 30 …
Read More
Coverage Concerns In Burning Limits Policies
November 2, 2010 | Professional Liability | Insurance Coverage
Policies that include the cost of defending a particular claim or action in the policy’s limit of liability are commonly referred to as “Burning Limits” or “Defense Within Limits” policies.  Such policies raise a number of significant coverage issues for the insurer, the insured, and the third-party claimant.  This article examines how courts around the …
Read More
Politicians Battle Cybersquatters
October 19, 2010 | Professional Liability | Appeals
The midterm elections, now just two days away, have been marked by explosive growth in the use of Web 2.0 tools such as online social networking and blogging in an effort to garner support and electrify voters. The sophisticated nature of today’s political campaigns makes the results of a recent survey by the Coalition Against …
Read More
Settle and Sue Is Here to Stay
September 6, 2010 | Professional Liability
Please click the link below to view Settle and Sue Is Here to Stay. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. Settle and Sue Is Here to Stay This article has been co-authored with Bennett J. Wasserman. This article …
Read More
The Need to Redact Personally Identifiable Data from E-Filings
August 17, 2010 | Professional Liability | Intellectual Property
Electronic filing of court documents has become the norm rather than the exception both here, in New York federal and state courts, and around the country. The trend is driven by the pervasive availability of online technology to conveniently enable filing, as well as the generally held presumption in U.S. jurisprudence that court proceedings are …
Read More
The Ins and Outs of Attorney-Corporate-Client Privilege
June 30, 2010 | Professional Liability | Intellectual Property
Please click the link below to view the The Ins and Outs of Attorney-Corporate-Client Privilege. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. The Ins and Outs of Attorney-Corporate-Client Privilege © 2010 DRI. All rights reserved. …
Read More
Risks of the Consumer Product Safety Commission’s Database
June 15, 2010 | Professional Liability | Intellectual Property
On May 24, the Consumer Product Safety Commission (“CPSC”) issued a notice of proposed rulemaking[1] to effectuate the establishment of a statutorily mandated, publicly available, searchable online database containing consumer product safety information. The database is required by Section 212 of the Consumer Product Safety Improvement Act of 2008, which created a new Section 6A …
Read More
FDA to Clarify Regulation of Online Drug, Device Ads
April 20, 2010 | Professional Liability | Intellectual Property
As part of its presentation to the U.S. Food and Drug Administration about America’s increased dependence on the Internet for health information (and the role that Google can play in that regard), Google estimated that more than 100 million Americans conduct 4.6 billion health-related keyword searches annually.[1] Similarly, a study by the Pew Internet and …
Read More
New FTC Blogging Rules Pose Risks for Corporate Advertisers
February 16, 2010 | Professional Liability | Intellectual Property
Following more than a year of public comments, the Federal Trade Commission in December enacted changes to its formal guidance[1] to advertisers as to the steps necessary to keep their endorsement and testimonial ads from running afoul of the Federal Trade Commission Act[2] and its potential consumer protection liabilities. Many of the changes were required …
Read More

Legal updates and news delivered to your inbox